Legal Question in Employment Law in India

310. Fixation of seniority of disabled/medically decategorised staff absorbed in alternative employment : The disabled/medically decategorised staff absorbed in alternative posts should be allowed seniority in the grade of absorption with reference to the length of service rendered on non-fortuitous basis in the equivalent or corresponding grade before being declared medically unfit. This is subject to the proviso that if a disabled/medically decategorised employee happens to be absorbed in the cadre from which he was originally promoted, he will not be placed above his erstwhile seniors in the grade of absorption.

kindly give the interpretation length of service rendered on non-fortuitous basis in the equivalent or corresponding grade before being declared medically unfit.

date of appointment 14/12/99

date of medical decategorisation 17/04/2010


Asked on 1/20/16, 10:19 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.01.2016

Dear Sir / Madam.

This paragraph 1310 is an extract from the Central Administrative Tribunal - Ernakulam Bench in the case of

B. Sudheer Kumar vs Union Of India on 12 March, 2013

Original Application No. 832 of 2012

Tuesday, this the 12th day of March, 2013

The term "non-fortuitous" implies a non-happening by lucky chance or non-accidental. It has to be interpreted as for determination of seniority and for deciding the employee's promotion, the tenure of service of the concerned employee prior to the disability/medical de-categorization will be the criteria to be taken into consideration.

Regards,

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Answered on 1/21/16, 1:55 am


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